Is A Landlord Liable For Injuries To Someone Who Is Attacked On Their Property?
Yes, this would be possible, if for example, the person was attacked at a birthday party where the guests were people who the owner of the birthday party knew might be violent, armed or something like that. This could apply at a residence or an apartment building where someone went to visit a friend, and there was no security present. It could also apply in a parking lot where someone went to the mall and it was late at night but there was no security.
What Are Other Reasons A Landlord Could Be Held Liable For Negligent Security?
According to Florida law, landlords have a responsibility to provide a safe place to live for their tenants, so the landlord could be held liable if they did not have a proper safe area where residents could come into their houses and safely park their cars and not be assaulted, mugged, murdered or raped, which is why negligent security is such an important factor under the law in this state.
Let us consider a situation where someone went to their local shopping center and parked their car far away because there was no parking close to the entrances.
If the area was dark or not properly lit, and then this person got robbed, and it turned out there had been other instances where people had been robbed, then in this case the person would have every right to claim any damages suffered as a result of that robbery, against the individual who owned that property because they failed to have adequate security on that property.
Do Landlords Need To Screen Tenants, And Are They Liable If A Tenant Harmed Another Person?
The areas where landlords typically get into trouble are when they just completely disregard their tenant’s safety on the property. No one can be expected to be a hundred percent protected from tenants or visitors who have criminal histories, but the landlord would still have an affirmative responsibility to try and make sure their tenants were kept safe.
This may mean that if the landlord had dealings in the past where tenants with criminal histories had caused violent acts on the property, meaning he had noticed, then in that case the landlord would completely be held responsible if someone got raped on that property because the landlord had a convicted rapist on the property that he was aware of.
When Can A Landlord Be Found Not Liable For Negligent Security?
There are not many scenarios where landlords would not be held liable because the most common cases involve landlords who did not do what they needed to do to protect the tenants or the people who lived on their properties.
People who live on these types of properties are generally people with limited means who do not own their own homes. They would be renting because in a way they would be held hostage to their situation in their lives. Very few landlords try to provide adequate and safe housing, which is where negligent security cases come in.
Typically when bad things happen in a certain location and the case begins, research would always show that in almost all the locations where something bad had happened, it would not have been the first time and there would be a history of incidents and of the police being called to the premises, so everyone would not really be surprised when something really bad happened. It would be a shame but that is the reality right now in this country.
How To Actually Prove A Claim Against A Landowner Or Occupier In These Cases?
The person would have to show that the landowner or occupier had a responsibility to provide a safe environment for the victim but they failed to do so by failing to have adequate security in the form of proper lighting, proper security personnel on the premises or police personnel on the premises if necessary.
In Florida, if the landlord failed to provide employees to look out for their customers and things of that nature, then the law would place that responsibility on the landlord. The landlord would then have to rebut and claim they did provide sufficient security, and that is how the case would proceed.
Do Different Rules Or Laws Apply In Terms Of A College Or School Campuses?
Not necessarily. College and school campuses are institutions where there is a large gathering of young people so the college or school campus would have a duty to provide a safe place for them to get educated.
There is really no distinction with regard to the location of the negligent security case or where it derived from, but it would just depend on what happened to the person and where it happened.
There are so many different scenarios that could occur to any one individual if security is not provided and there was a history of having issues in the area and the neighborhood. Someone who had a business there, whether it was a school or a Wal-Mart, would need to provide an adequate and safe premises for their customers or their students or whoever they were providing a service to as a business owner or a landowner.
Who Would The Claim Be Brought Against?
In most cases, the claim would be brought against the owner of the premises where the injury occurred and if the facts supported it, they might even bring in the business owner as well, depending on what happened, where it happened and how it happened.
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